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Ford Motor Company

In this action, plaintiff Stephen B. Himmel ("Himmel") proved that he was wrongfully discharged in violation of Ohio Public Policy when he was discharged after an almost 20 year career at Ford Motor Company's ("Ford's") Sharonville, Ohio transmission plant. Specifically, Himmel proved that he was discharged as a result of his resistance, opposition, and objection to several labor practices engaged in by Ford that favored officials of the United Auto Workers ("UAW") and which Himmel contended violated § 302 of the Taft-Hartley Act, a federal labor law statute.

The facts at trial showed that Himmel, who at the time of his discharge in October, 1997 was employed as the Supervisor of Labor Relations and Hourly Employees at the Sharonville Plant, had complained to Ford officials and had resisted and opposed labor practices such as the 10% Agreement, in which officials at Ford and officials of the UAW agreed to set aside 10% of all hourly job openings nationwide within Ford for friends and relatives of high-ranking officials within the UAW. This 10% Agreement led to the hiring of an electrician at the Sharonville Plant named Richard Forste ("Forste"), who was a referral of a powerful UAW official in Detroit. The evidence showed that the Sharonville Plant did not have an opening for an electrician at this time and that Himmel resisted and objected to the hiring of Forste. Himmel was nonetheless ordered to hire Forste by Ford officials in Detroit.

The Forste hiring led to charges being filed with the NLRB against Ford and the UAW as well as the filing of two contractual grievances by existing Ford employees represented by the UAW who had requests to transfer to the Sharonville Plant at the time that Forste was hired off the street pursuant to this 10% Agreement. After the NLRB deferred to the Ford/UAW contractual grievance procedure, Ford settled both of these grievances, again over the objections and resistance of Himmel, who believed that the settlement was illegal and contractually unfounded.

Thus, Himmel proved at trial that his objections, opposition, and resistance to both the hiring of Forste, who was not even a UAW member prior to his employment at Ford, as well as the subsequent settlement of the grievances, which were spawned by the Forste hiring, motivated his discharge.

Following a 3 ½ week trial, a federal jury in the United States District Court for the Southern District of Ohio in Cincinnati, Ohio unanimously found that Himmel was entitled to the following compensatory damages: $624,680 in back pay; $310,000 in front pay; and $50,000 in emotional distress damages. The jury also unanimously found that Ford's actions toward Himmel were malicious and awarded $3,000,000 in punitive damages against Ford. Finally, the jury found that Himmel was entitled to his attorney fees and the parties stipulated to the sum of $885,679 for Himmel's attorney fees. Accordingly, the entire amount of the judgment in Himmel's favor equaled $4,870,359. Himmel was represented at trial by Robert J. Hollingsworth, Curtis L. Cornett, and Paul R. Moran, all of Cors & Bassett, LLC in Cincinnati, Ohio. [EMAIL LAW FIRM]


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Published on Jan-18-05


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